NCJ Number
112387
Date Published
1988
Length
26 pages
Annotation
Canada's new divorce law, which came into effect on June 1, 1986, now makes it possible for a couple to separate with less conflict than often accompanied legal proceedings under the old law. This less confrontational climate has led to increased interest in mediation.
Abstract
Mediation is neither counseling or therapy nor a way around the law or legal system. Rather, it is a process through which the separating couple can state their points of view, clarify issues, and negotiate an acceptable agreement with the help of a neutral mediator. Mediation usually takes four to eight meetings during which problems are defined, options are examined, choices are made, and solutions are put in writing. The result is a legal agreement that courts will usually not change unless one spouse challenges it. While mediation may not be advisable when there has been family violence or one partner is not motivated, it has advantages. It may reduce conflict, save time and money, be tailored to special family needs, and result in improved communication and negotiation skills. Mediation services may be provided through the courts, by social service and community agencies, or by professionals in private practice. Costs vary, and the mediator should be chosen on the basis of qualifications and needs. Reading list.